180 | Zimbabwe Rule of Law Journal
and institutional frameworks, only South Africa has effectively used its mandated authority to hold
the executive accountable for alleged violations of its constitution and public office duties.
Analogous to South Africa’s constitution, the constitution of Zimbabwe is the supreme law of the land
which accordingly states under s 2 that;
(1)This constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct
inconsistent with it is invalid to the extent of the inconsistency.
(2)The obligations imposed by this constitution are binding on every person, natural or juristic,
including the State and all executive, legislative and judicial institutions and agencies of government
at every level and must be fulfilled by them.
Subsection 2 reinforces the fact that no person, law, practice or conduct is exempt from constitutional
scrutiny and section 2 effectively makes every person accountable and answerable to the constitution.
This demonstrates that Zimbabwe is as a nation subject to a constitutional democracy and the practice
of constitutional democracy presupposes the recognition of the Constitution as the supreme law of
the land.
As reiterated earlier, there are several legal principles emanating from the Nkandla judgment which
Zimbabwe must learn from especially considering that the judgment was a strong endorsement of
the rule of law, the principle of separation of powers, and transparency and accountability as well as
the supremacy of the constitution over every act of the executive and legislative arm of Government.
First, all persons including the President and members of his cabinet (the executive) are subject to
the constitution. Secondly, not only are they subject to the constitution but the President in particular
is the primary defender of the Constitution as is seen in s 90 which confers on the President the
responsibility “to uphold, defend, obey and respect this constitution..”.
Select target paragraph3
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